Bava Metzia 110b

בבא מציעא ק״י ע״ב

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Topic

Proof and payment for improvements when a creditor collects land, and the laws of paying hired workers on time

Overview

The amud opens with land that a בעל חוב is collecting from יתומים, where each side claims it made the improvement. רבי חנינא first puts the burden of proof on the creditor. רבי יוחנן's rule, which אביי supports from a משנה about a tree near a city, puts it on the orphans, because land ready to be collected counts as already collected. If the orphans do prove their claim, they are paid for the improvement in money, not land, based on שמואל's list of three cases. רבינא challenges the list's case of a creditor paying buyers. The גמרא answers that it depends on whether the debt covers the land plus the improvement, and it narrows the case to an אפותיקי. A new משנה then teaches when the שביעית year counts in a field rental and how long an employer has to pay each kind of worker. The גמרא brings the פסוקים behind the pay windows and teaches that לא תלין is broken only at the first morning, while later delay breaks בל תשהא. The amud ends with a ברייתא about hiring workers through a friend, which continues on the next amud.

Opening lines

The steps (24)

1. Statementרבי חנינא assumes the land belongs to the orphans
2. RejectionAn elder quotes רבי יוחנן: the orphans must prove
3. ResponseWhy the orphans must prove: land ready to be collected counts as collected
4. Proofאביי cites a משנה about a tree near a city
5. ProofApplying the tree case to the loan document
6. StatementIf the orphans prove it, רבי חנינא thinks they are paid with land
7. RejectionThe orphans are paid in money, not land
8. ProofThree cases where improvements are paid in money
9. Challengeרבינא asks: doesn't שמואל say the creditor takes the improvement too?
10. Challengeרבינא rules out an answer based on the size of the improvement
11. ResolutionIt depends on how much the debt is
12. ChallengeWhy can't the buyer keep land worth his improvement?
13. ResolutionThe field was set aside as the only source of payment
14. StatementRenting a field: does the שביעית year count?
15. StatementHow long an employer has to pay a worker
16. StatementA day worker can be paid all through the night
17. StatementA night worker can be paid all through the day
18. ChallengeWhy not match the verses the other way around?
19. ResolutionWages are only owed once the job is finished
20. Statement'Until morning' means the לאו is broken only once
21. QuestionWhat if he delays even longer?
22. Responseרב: he breaks 'בל תשהא'
23. Proofרב יוסף gives the פסוק for 'בל תשהא'
24. StatementHiring workers through a friend: neither one breaks בל תלין